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IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

MISCELLANEOUS APPLICATION NO.382/2023

IN

TRANSFER PETITION (C) NO.999/2022

DEEPANSHI LALL ALIAS DEEPANSHI SINGH Petitioner(s)

VERSUS

PRAKASH LALL Respondent(s)

O R D E R

IA No. 34056/2023 -FOR ACCEPTANCE OF MEDIATION

SETTLEMENT

A joint application has been filed on behalf of

the parties for acceptance of the mediation

settlement agreement dated 06.02.2023 arrived at

under the aegis of the Supreme Court Mediation

Centre, referred in pursuance to an order of this

Court dated 30.11.2022.

Digitally signed by

ASHA SUNDRIYAL

Date: 2023.03.29

16:53:14 IST

Reason:

Signature Not Verified

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A perusal of the application and settlement

agreement show that the parties recognized that the

marriage between them had irretrievably broken down

and the parties seek divorce by mutual consent

seeking invocation of jurisdiction of this Court

under Article 142 of the Constitution of India.

The parties got married on 24.02.2019 in

accordance with Hindu rites and lived together only

for 8-9 months. There are no off springs from the

marriage.

The respondent husband has agreed to pay a

permanent alimony in full and final settlement of all

claims of the petitioner wife, past, present and

future which includes any claim for maintenance,

stridhan etc. in the sum of Rs.22 lakh.

The third element of the settlement is that

there are some jewellery items belonging to the wife

i.e. (i) one gold jewellery set; (ii) one gold chain

(iii) one ring and (iv) two 5 grams gold coins which

are to be returned by the second party to the first

party as also the Ray Ban sunglasses, her footwear,

wrist watch and air fryer etc. which were gifted to

him/his family members at the time of marriage.

The travel expenses required to be paid by the

husband to the wife for the mediation have already

been paid.

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There are stated to be, apart from the divorce

proceedings, two other litigations. The details of

all the three litigations is as under:-

“(i) FIR No.652 of 2021 dated 09.12.2021 under

Section 498-A and Sections 3 and 4 of the

Dowry Prevention Act, which had been

registered on a complaint made by the

petitioner wife at P.S. Patel Nagar, Dehradun,

Uttarakhand;

(ii) Application No.127 of 2022 filed by the

petitioner under Section 125 of the Criminal

Procedure Code for maintenance which is

pending before the Additional Family Court,

Dehradun; and

(iii) HMA Petition No.225 of 2022 filed by the

respondent husband under Section 13(1)(i) of

the Hindu Marriage Act, 1955 for dissolution

of the marriage between the parties pending in

the Court of Principal Judge, Family Court,

Gautam Budh Nagar, Uttar Pradesh, by recalling

its

earlier

Order

dated

30.11.2022

transferring the said proceedings to a Court

of competent jurisdiction at Dehrudun,

Uttarakhand.”

We have perused the application and the

settlement.

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In view of the settlement recorded and on

perusing the reliefs, we are satisfied that this is a

fit case for exercise of jurisdiction under Article

142 of the Constitution of India for grant of decree

of divorce by mutual consent on account of

irretrievable breakdown of marriage.

Ordered accordingly.

Insofar as the settlement for permanent alimony

and exchange of goods is concerned, we are informed

that the same will occur today itself.

A joint memo showing the exchange and receipt of

money be filed in this Court whereupon the decree of

divorce will be issued.

We also consider appropriate to direct that the

proceedings in case FIR No.652 of 2021 dated

09.12.2021 under Section 498-A and Sections 3 and 4

of the Dowry Prevention Act, registered at P.S. Patel

Nagar, Dehradun, Uttarakhand shall stand quashed and

the case being Application No.127 of 2022 under

Section 125 of